India Accepts Its First-Ever Olfactory (Smell) Trademark — A New Era for Brand Building

In a historic first, the Controller General of Patents, Designs and Trade Marks (CGPDTM), India’s trademark authority, has accepted the nation’s first-ever olfactory (smell) trademark for a “rose-like floral fragrance” applied to tyres, filed by Sumitomo Rubber Industries Ltd. (Live Law)

Traditionally, trademarks in India and globally have focused on visual and textual elements such as logos, word marks, shapes and colours. Smell marks are considered non-traditional and are difficult to register because the law requires a clear graphical representation of the mark. (Bar and Bench - Indian Legal news)

In this case, the Registry appointed an amicus curiae — an independent legal and scientific adviser — to assist. The scent was represented using a scientific, multi-dimensional graphical format, marking a pioneering approach in Indian IP jurisprudence. (anandandanand.com)

This acceptance signals India’s willingness to evolve its trademark framework beyond traditional marks, and to align with global trends that increasingly recognise sensory branding — including scent, sound and even holograms. (Live Law)

For brands, startups and entrepreneurs, this opens a new branding dimension. Sectors like personal care, hospitality, luxury goods, tyres and automotive accessories can now explore scent-based identity as a protectable brand asset.

Olfactory trademarks can create a competitive edge. A distinctive, legally protected fragrance can help products stand out beyond the usual logo-and-colour palette, deepening customer recall and long-term brand value.

For legal consultants and trademark advisors, including services you plan under “Accovance”, this development expands the advisory toolkit. Non-traditional marks — such as smell marks — can now be part of strategic IP planning for forward-looking clients.

More broadly, India’s decision reflects a shift toward a progressive, innovation-friendly IP regime. As sensory branding gains traction worldwide, Indian companies now have formal legal pathways to protect such creative expressions.

For new entrepreneurs, this means a wider canvas for differentiation — from brand-specific scents and unique packaging experiences to other forms of non-traditional trademarks that go beyond what customers see to what they feel and remember.